Section 28: Agreements in restraint of legal proceedings, void

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1872
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 28

Section 28 of the Indian Contract Act, 1872 renders void any agreement restricting a party absolutely from enforcing contractual rights in court, or curtailing statutory limitation periods, safeguarding the constitutional right to judicial remedies.

  • Absolute Restriction on Legal Proceedings Void: Renders void any agreement by which any party is restricted absolutely from enforcing their legal rights under or in respect of any contract.
  • Prohibition on Curtailing Statutory Limitation: Statutorily invalidates any contractual clause that extinguishes the rights of any party or discharges any liability upon the expiration of a specified period shorter than statutory limitation.
  • Statutory Carve-Outs for Arbitration & Exclusive Jurisdiction: Explicitly saves contracts referring present or future disputes to arbitration, and permits agreements selecting one competent court among multiple forums.
Key Landmark Precedents:
  • National Insurance Co. Ltd. v. Sujir Ganesh Nayak & Co. (1997) 4 SCC 366: Supreme Court explained that while clauses extinguishing the right itself were formerly permissible, the 1997 statutory amendment to Section 28 invalidated all clauses shortening limitation.
  • Union of India v. Indusind Bank Ltd. (2016) 9 SCC 720: Supreme Court affirmed that contractual terms curtailing the statutory period for filing claims or invoking bank guarantees are void under Section 28.
  • Lion Engineering Consultants v. State of M.P. (2018) 16 SCC 758: Supreme Court held that objections regarding the invalidity of a contractual clause under Section 28 can be raised at any stage, including in arbitration challenges.
Courtroom Practice & Strategic Litigation Guidance:

Commercial contracts stipulating that 'claims must be filed within 30 days of project completion or be barred forever' are void under Section 28; counsel can safely file within the 3-year statutory limitation period despite such clauses.